Qualls v. Commissioner of Social Security

Filing 31

ORDER Discharging Order to Show Cause signed by Magistrate Judge Barbara A. McAuliffe on 03/02/2020. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SHERI LEANNE QUALLS
Plaintiff,

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v.

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ANDREW M. SAUL, Commissioner of
Social Security,
Defendant.

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Case No.: 1:14-cv-02055-BAM
ORDER DISCHARGING ORDER TO SHOW
CAUSE
(Doc. No. 29)

On November 7, 2019, Shellie Lott, counsel for Plaintiff Sheri Leanne Qualls (“Plaintiff”) filed

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a motion for attorneys’ fees pursuant to 42 U.S.C. § 406(b). (Doc. No. 20.) On December 20, 2019,

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counsel for Plaintiff filed an amended motion for attorneys’ fees pursuant to 42 U.S.C. § 406(b). (Doc.

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No. 25.) On December 23, 2019, the Commissioner of Social Security filed a statement of non-

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opposition to the amended motion. (Doc. No. 27.) However, neither motion indicated whether

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Plaintiff was served with copies or otherwise notified of the motion and amended motion and provided

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an opportunity to respond. (See Doc. Nos. 20, 25.) Accordingly, on February 3, 2020, the Court issued

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an order directing counsel for Plaintiff to promptly serve Plaintiff with copies of the motion, the

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amended motion, and the Court’s February 3, 2020 order and to promptly file proof of such service

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with the Court. (Doc. No. 28.)

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Andrew M. Saul is now the Commissioner of Social Security. Pursuant to Rule 25(d) of the Federal Rules of
Civil Procedure, Andrew M. Saul is substituted for Acting Commissioner Nancy A. Berryhill as the defendant in this suit.

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On February 24, 2020, after no proof of service had been filed, the Court issued an Order to

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Show Cause why sanctions should not be imposed for failure to comply with the Court’s February 3,

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2020 order. (Doc. No. 29.) Counsel was permitted to comply with the Order to Show Cause by filing

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the requested proof of service. (Id.) On February 26, 2020, counsel for Plaintiff filed a written

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response to the Court’s Order to Show Cause. (Doc. No. 30.) Counsel apologized for failing to

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respond to the Court’s February 3, 2020 order and explained that she did not receive the order due to an

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error with her office’s e-mail notification system. (Doc. No. 30-1.) However, counsel clarified that she

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had previously served Plaintiff with copies of the motion and amended motion by mail and further

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provided a proof of service of the motion, amended motion, and the Court’s February 3, 2020 order.

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(Doc. No. 30-2.) In light of counsel’s response, the Court will discharge the Order to Show Cause

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issued February 24, 2020.

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Accordingly, IT IS HEREBY ORDERED THAT the Court’s Order to Show Cause issued

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February 24, 2020 (Doc. No. 29) is HEREBY DISCHARGED and no sanctions will be imposed.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

March 2, 2020

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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